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Terms & Conditions

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1.                    TRANSPORT SERVICES ("SERVICES")

1.1                 TRUCKOMAN will provide (or procure the provision by sub contractors of) the Transport Service on the terms of this Agreement and in accordance with the Service Specification and the Customer will pay the Charges to TRUCKOMAN in accordance with Schedule 1.

1.2.               The Customer contracts as the legal owner of the Goods or as the authorised agent of such legal owner in which case the Customer warrants that he has the authority to accept the terms of this Agreement on behalf of the legal owner

2.                    PAYMENT TERMS

2.1.               TRUCKOMAN will Invoice for all works carried out within a given period on payment terms of 30 days from date of invoice.

2.2.               Late or non-payment could result in the company withdrawing services until all outstanding debts are cleared.

2.3.               TRUCKOMAN will have the right to hold Customer owned material in the case of refusal to pay outstanding invoices / debts.

2.4.               TRUCKOMAN reserves the right to revise charges upon agreement by both parties.

3.                    RESPONSIBILITY FOR GOODS & GENERAL INSURANCE PROVISIONS

3.1.               TRUCKOMAN will be liable for Loss of or damage to Goods arising from their negligence whilst in transit up to a maximum of the amount insured pursuant to Paragraph 3.7.1 below.

3.2.               TRUCKOMAN will not be liable for:-

3.2.1            Goods lost or damaged through any other cause than provided in Paragraph 3.1.

3.2.2            Goods lost or damaged unless such Goods was in good and saleable condition when delivered to consignee. On receipt TRUCKOMAN will so far as reasonably practicable carry out an external check of the condition of all Goods. Delivery notes should be endorsed with exceptions clearly noted .

3.2.3            Claims reported after provision of clean signature

3.2.4            The contents of any sealed carton or container which bears no evidence of having been opened.

3.2.5            Goods found to be missing on dismantling of any pallet load.

3.2.6            Loss, damage or delay to any Goods due to faulty or inadequate packaging or insufficient or improper labelling or addressing unless TRUCKOMAN has agreed to provide these services and TRUCKOMAN has been negligent in the performance of those services.

 

3.2.7            Loss, damage or delay to any Goods arising from an act of God; any consequence of war, civil war, revolution, rebellion, insurrection, or civil strife arising there from, act of foreign power, terrorism, requisition of, destruction of or damage to property by or under the order of any governmental or public or local authority,.

3.2.8            Loss, damage or delay to any Goods arising from the error, act, omission, mis-statement, mis-representation or fraud by the Customer or other owner of the Goods or by the servants or agents of either of them.

3.3.9            Loss, damage or delay to any Goods due to wastage in bulk or weight, latent or inherent defect, vice or natural deterioration of the Goods.

3.4.               TRUCKOMAN retains the right to dispute the completeness or content of any consignment or part consignment of Goods delivered into its custody, TRUCKOMAN will be entitled to set the same aside and delay delivery thereof pending a joint inspection by the Customer

 

3.5.               The Customer warrants that all Goods will be safe for storage and handling provided the same is dealt with by TRUCKOMAN in accordance with all reasonable instructions in that regard provided by the Customer, Hazardous , Noxious and /or banned substances must be notified to TRUCKOMAN ,prior to acceptance for carriage

 

3.6.               The Customer will indemnify and keep indemnified TRUCKOMAN against all costs, claims, expenses, losses, liabilities, orders, awards, proceedings, and judgment arising directly or indirectly out of any breach by the Customer of the warrant given in Paragraph 3.5, any negligent act, negligent omission,  misdirection or  misstatement by the Customer its servants or agents, any claims and demands of any nature in respect of loss, damage or delay to stock made by any third party and any claims made or penalties imposed by customs authorities or other government departments or agencies in respect of dutiable Goods.

3.7.               Insurance

3.7.1            Being the professional logistics service provider, we have a haulers liability insurance that protects loss or damage to cargo due to our negligence. It is the responsibility of the owner of cargo for adequate insurance cover while the cargo is in transit. The terms and conditions of the insurance will be provided upon request and is also part of the quotation.

3.7.2            The Customer will be responsible for arranging all insurance in relation to Goods other than those which TRUCKOMAN has agreed to effect as set out in Paragraph 3.7.1, including, but not limited to, "All Risks" insurance.

3.7.3            TRUCKOMAN and the Customer will, upon request be entitled to request production of evidence as it reasonably requires of compliance with the provisions of this paragraph

3.7.4            For the purposes of assessing any recovery under the Insurance effected pursuant to clause 3.7.1 where such Goods are lost or damaged, the value of the Goods will be:

3.7.4.1        Where Stock is lost, the manufacturing cost of such Goods to the Customer; and

3.7.4.2        Where such Goods are damaged the lower of:

(i) The manufacturing cost to you of such damaged Goods (less an allowance for the portion of recoverable product                   (ii) The cost of repairing the same to your reasonable satisfaction.

3.7.4.3        Provided always that any such costs shall not exceed those limits is set out in Paragraph 3.7.1

4.                    Notwithstanding any other provision herein, TRUCKOMAN liability in respect of any or each of the provisions of this agreement or its performance (in each case whether caused by negligence or otherwise) will be excluded so that TRUCKOMAN will not be liable for any loss of profit, claims by third parties, loss of goodwill or reputation or loss of business or for any consequential, indirect or incidental loss, damage or expense provided that this article will not operate to limit TRUCKOMAN liability to the extent that any such breach results in death or personal injury and is caused by TRUCKOMAN negligence.

5.                    Neither of us will be liable to the other in respect of any breach or non performance of the arrangements between us where this results from any circumstances beyond our respective reasonable control.

6.                    TRUCKOMAN will not be deemed to have failed to fulfill its obligations under this letter to the extent that any act or omission on our part is due to any delay, or failure to give instructions or authority in respect of any matter where the sanction been properly sought or where there is any breakdown in or failure on the Customer's part to comply with any agreed system.

 

This Agreement will be governed in accordance with the laws of the Sultanate of Oman.